The swimming pool is on Motukawaiti Island - the only privately owned island in the Far North’s Cavalli Islands - as part of the 38ha island’s luxury development that includes a house, cottage, spa and wine cellar.
The pool was built between 2003 and 2007 but only discovered by Far North District Council in 2020. Since then, the council issued five Notices to Fix, requiring the owners to fence the pool.
Ex-MP Dover Samuels. Photo / Michael Cunningham
The owners applied to the Ministry of Business, Innovation and Employment for an exemption to the rules, arguing the barrier was “impractical at this unique location”, with no announced visitors on the remote island, durability issues for fencing as the pool gets washed by seawater and the sea right next to the pool posing a greater risk for children.
But the ministry ruled the law clearly states every residential pool must have barriers to stop access by unsupervised children under 5 and the lack of fencing would “significantly increase the risk of injury or death”.
The rule makes no sense given the sea on the island is not fenced off, according to Dover Samuels, former MP and kaumātua for Ngāti Kura, the hapū which has a claim on the island.
“To me, it’s bureaucracy gone mad - it beggars belief. The swimming pool is situated metres away from the mean high water mark,” he said.
“My kids would just go into the sea and have a swim ... the beaches all around the island are accessible to children of any age at any time.”
Samuels said the fence would only serve to stop “seagulls and seals” entering the pool.
Most of the time, the island is occupied by just the caregiver and their partner.
“The provisions that relate to swimming pools and children must have some common sense approach to it and this, in my view, beggars belief.”
Water Safety New Zealand supported the fencing requirement because 38 children under 5 have fatally drowned in pools in the past 20 years, compared with two at beaches and 14 in rivers.
Samuels said while he supports water safety, this pool is particularly unique given its location by the sea.
Motukawaiti is the only island still privately owned in the Cavalli Islands, offshore from Matauri Bay, and it includes a luxury development.
The island owners - whom Samuels described as a Chinese family - have developed a good relationship with Ngāti Kura, Samuels said.
“They wanted to develop a positive relationship with Ngāti Kura; they didn’t want to have any adversity between us.”
The owners have removed rubbish from the island, fixed its jetty and worked with Ngāti Kura on native planting and marine protections, he said. The hapū have invited the owners to its marae.
Ngāti Kura continues to have a claim on the island with the Waitangi Tribunal and still wants it back, Samuels explained.
“If we’re successful and the Chinese owners see fit to offer it to us or the Crown, then we would use it in the same way as the customary land like the rest of the Cavallis that we own.”
In 2021, the property on Motukawaiti was found to be trashed by squatters and in a state of disrepair, including the pool being left with green and stagnant water. Photo / David Fisher
Far North District Council said now the ministry had ruled on the swimming pool fencing, in line with the current laws, it was up to the owners to satisfy the requirement to fence the pool or remove the pool.
Building services manager Trent Blakeman agreed it was unusual to have a pool so close to the sea, but he said children under 5 are rarely unsupervised around such natural hazards.
Access to the island was not as easy as a mainland site but still manageable for the council to check the work had been done, he said.
In general, Far North swimming pools were fenced but in a lot of cases there were issues with maintenance of the fencing, Blakeman said.
Denise Piper is a news reporter for the Northern Advocate, focusing on health and business. She has more than 20 years in journalism and is passionate about covering stories that make a difference.
